For Tulsi Gabbard, Marijuana Sits At Nexus Of Good Policy And Smart Politics

Rep. Tulsi Gabbard (D-HI) says that ending the federal prohibition of marijuana is smart policy and, on Thursday, she is introducing legislation in Congress to do just that.

The 2020 presidential candidate also appears to know that endorsing cannabis legalization is smart politics.

“The fact that marijuana’s still a Schedule I drug is unacceptable in the harm that it is causing to the people of our country and to taxpayers as well,” Gabbard said in a phone interview this week.

Gabbard and Rep. Don Young (R-AK) are teaming up to file two new cannabis bills. One would remove marijuana from the Controlled Substances Act—a process known as descheduling—so that states can set their own laws without interference.

“The impact this has on individuals, potentially leading to criminal records that impact them, their families, their ability to get a job, housing, financial aid for college—the impacts of this are great,” she said of the hundreds of thousands of arrests for cannabis offenses that take place every year in the U.S. “That’s not to speak of the impact on states, small businesses and banks in those states that have legalized some level of marijuana.”

# of people arrested for marijuana law violation in 2017: 659,700

# of those charged with marijuana law violations arrested for possession only: 599,282 (90.8 percent)

The other new House proposal from the bipartisan duo would require the federal government to study the impact of state marijuana legalization policies.

“There are still a lot of myths and outdated information and stigma that are being used as excuses to not push forward these very impactful policy changes,” Gabbard said.

The legislation, under which several federal agencies would be tasked with compiling information on the economic, health, criminal justice and employment effects of state cannabis laws, would generate “one central study providing facts on what the impacts have already proven to be in states that have legalized marijuana at one level or another,” the congresswoman said.

Gabbard, who during her presidential campaign launch speech last month criticized a system that “puts people in prison for smoking marijuana while allowing corporations like Purdue Pharma, who are responsible for the opioid-related deaths of thousands of people, to walk away scot-free with their coffers full,” shared her thoughts on the likelihood that someone who doesn’t support legalization could with the Democratic nomination.

“I think it would be very difficult, but obviously this is something that voters will have to contend with and a question I’m sure they’ll be asking in states across the country of those who are seeking that office,” she said.

“Regardless of who it is, this is a major issue I’m putting at the forefront of my campaign and continuing the work that I’ve been doing in Congress to bring about this change,” Gabbard said. “It’s something I’ve continued to bring up in bigger cities as well as small towns in New Hampshire and Iowa and other states, and it’s an issue that is very exciting to voters who believe, as I do, that we’ve got to make this happen.”

She said that “freedom of choice” is a key reason she has focused so much on cannabis during her time on Capitol Hill.

“I don’t smoke marijuana. I never have,” she said. “But I believe firmly in every person’s freedom to make their own choices, and that people should not be thrown in jail and incarcerated or made into criminals for choosing to smoke marijuana whether it be for medicinal and non-medicinal purposes.”

Today @repdonyoung and I introduced the only bipartisan legislation in Congress that reschedules marijuana thereby ending the federal prohibition. This is long overdue. We must end the failed War on Drugs before we lose another generation to this war. https://t.co/wgaFKGqYeX

In the interview, the congresswoman also addressed her views on the broader war on drugs, saying that many of the arguments reform advocates make about marijuana can be applied to other substances as well.

“I think that there’s no question that this overall war on drugs has not only been a failure, it has created and exacerbated a number of other problems that continue to afflict people in this country,” she said, adding a teaser that “this is something that I’m working on on my presidential campaign that we will be rolling out a detailed policy position statement on.”

When it comes to marijuana, Gabbard believes that Congress is well-positioned to advance far-reaching reform bills this year, at least through one chamber.

In 2017 alone, our country arrested 600,000 people just for possession of marijuana. Our bipartisan legislation takes a step toward ending the failed War on Drugs, ending the federal prohibition on marijuana, and ensuring that our policies are guided by facts and the truth.

“We are hopeful that there will be a great opportunity to pass pieces of legislation in the House of Representatives given that we have the majority,” she said, referring to Democrats. “We will have some more work to do to get these bill through the Senate. But if members of Congress, and leaders in Washington listen to the voices of the vast majority of Americans in this country, they will hear the calls for action that go beyond partisanship. We are long past time to bring about this kind of change.”

“Momentum is moving in the right direction,” she said, but added that she’s “disappointed” the bill wasn’t approved by a second committee in time to advance further in the process this year.

“I think that we’re only going to continue to see more progress being made,” she said.

Gabbard also referenced incremental cannabis reform moves in the state, such as a bill that lawmakers approved last year to add opioid addiction as a medical marijuana qualifying condition. The measure was ultimately vetoed by Gov. David Ige (D), which she said left her and other supporters “not only disappointed but pretty pissed off.”

That setback is another reason to push her new congressional bill requiring the federal government to compile information on the impact of cannabis policies, she argued.

“Even in a state like Hawaii, if you look back to the governor’s statements about why he vetoed that bill, there are still a lot of myths and outdated information and stigma that are being used as excuses to not push forward these very impactful policy changes,” the congresswoman said. “So that is one of the main reasons that is spurring my bill, to be able to provide this from the National Academy of Sciences as an undisputed collection of data and studies saying you can’t dispute this. You can’t just pick and choose anecdotes that you want to talk about”.

Gabbard and Young, her Republican cosponsor for the two new cannabis bills, are actively seeking support from other lawmakers for the proposals.

“The Ending Federal Marijuana Prohibition Act of 2019 is our opportunity to remove marijuana from the federal Controlled Substances list and to allow our states the freedom to regulate marijuana as they choose, without federal inference,” they wrote in a letter asking colleagues to cosponsor the descheduling legislation.

Our archaic marijuana policies– based on stigma and outdated myths–have been used to wage a failed War on Drugs. Families have been torn apart, communities left fractured, and over-criminalization and mass incarceration have become the norm. https://t.co/KuG384QhnJ

“The purpose of this legislation is to collect and synthesize relevant data and to generate a federally recognized, neutral report regarding the impact of statewide marijuana legalization schemes,” they wrote in a separate letter about the second bill, which is called the Marijuana Data Collection Act. “Such a report will assure that federal discussions and policies specific to this issue are based upon the best and most reliable evidence available at this time.”

“We can’t afford to kick this can down the road given the devastating negative impact it is having on the people of this country,” she said, referring to marijuana prohibition.

Meanwhile, several senators who are also seeking the 2020 Democratic presidential nomination joined together last week to file far-reaching legislation that would deschedule marijuana. That bill also contains provisions aimed at expungements and investment in communities previously harmed by the war on drugs.

Tom Angell is the editor of Marijuana Moment. A 15-year veteran in the cannabis law reform movement, he covers the policy and politics of marijuana. Separately, he founded the nonprofit Marijuana Majority. Previously he reported for Marijuana.com and MassRoots, and handled media relations and campaigns for Law Enforcement Against Prohibition and Students for Sensible Drug Policy.
(Organization citations are for identification only and do not constitute an endorsement or partnership.)

Marijuana Banking Bill Will Get A Full House Floor Vote This Month

A bipartisan bill to protect banks that service marijuana businesses will get a House floor vote by the end of the month, the office of Majority Leader Steny Hoyer (D-MD) confirmed to Marijuana Moment on Friday.

House leadership announced the decision to Democratic lawmakers at a closed-door meeting on Thursday.

“Mr. Hoyer said at the Whip meeting yesterday that he intends to move it this month,” a Hoyer staffer said in an email. “We’re discussing it with Members, but it hasn’t been scheduled just yet.”

Prior to confirmation from Hoyer’s office, four sources initially described the development to Marijuana Moment, with some saying the vote would be made under suspension of the rules—a procedure that is generally reserved for non-controversial legislation.

Voting on suspension would require two-thirds of the chamber (290 members) to vote in favor of the Secure and Fair Enforcement (SAFE) Banking Act in order for it to pass. The bill, which cleared the House Financial Services Committee in March, currently has 206 cosponsors, including 26 Republicans.

No amendments would be allowed to be added on the floor under the suspension process.

Problems could arise if lawmakers aren’t able to rally additional votes from conservative members or if there’s pushback over the strategy from progressive lawmakers, though it is unlikely Democratic leadership would advance the bill if they didn’t believe they have the votes for passage.

While interest in resolving the banking issue is generally bipartisan, it’s within reason to assume that lawmakers on both sides of the aisle might have wanted the opportunity to offer provisions such as extending protections to hemp businesses or adding language promoting social equity policies. That said, it is possible that leadership could file an entirely new piece of legislation that is similar to the SAFE Banking Act but contains modified provisions negotiated with key members and use that as the vehicle for floor action.

Many expected cannabis banking legislation to receive a floor vote before the August recess, but that did not come to fruition.

In any case, the development comes as the Senate Banking Committee is also preparing to hold a vote on marijuana banking legislation, with Chairman Mike Crapo (R-ID) announcing on Thursday that his panel is “working to try to get a bill ready.” He didn’t offer a timeline, however, other than saying he hoped to advance the legislation by the end of the year.

While sources told Marijuana Moment that Hoyer made his decision to allow cannabis banking vote following an earlier Wednesday meeting on the issue, it is likely that building momentum in the GOP-controlled Senate added to pressure on the House to act so that Democrats wouldn’t be seen as lagging behind Republicans on cannabis reform, an issue the party has sought to take political ownership of.

Following Crapo’s statement on advancing the banking legislation, Rep. Ed Perlmutter (D-CO), chief sponsor of the SAFE Banking Act, told Marijuana Moment that he welcomes the senator’s “commitment to resolve the banking conflicts that have been created by the misalignment in state and federal law on the issue of cannabis.”

“I remain focused on passing the SAFE Banking Act out of the House and look forward to working with my colleagues in the Senate as they take up the SAFE Banking Act or work to develop and pass similar legislation,” he said.

Banking access is largely seen as one of the most achievable pieces of cannabis legislation that stands to pass this Congress. Advocates and reform-minded lawmakers view it as one of the first steps on the path toward ending federal marijuana prohibition.

“We are seeing the blueprint in action and moving forward on critical legislation to protect state legal cannabis banking,” Rep. Earl Blumenauer (D-OR) told Marijuana Moment, referring to a memo he sent to House leadership last year outlining a committee-by-committee process for passing incremental cannabis bills leading up to major legislation to end federal prohibition. “Earlier this summer, the House passed protections for state and tribal cannabis laws. In the most cannabis friendly Congress in history, we need to keep up this momentum. There is still much to be done.”

There has been some disagreement within advocacy circles about whether it’s prudent to pass legislation viewed as primarily favorable to the industry before advancing comprehensive legislation that deschedules cannabis and takes steps to repair the harms of prohibition enforcement.

“It is our hope that after the successful passage of the SAFE Banking Act in the House, we will be able to advance legislation that ends the federal criminalization of cannabis once and for all,” Justin Strekal, political director of NORML, told Marijuana Moment. “Now is our time to demonstrate that marijuana law reform is both good policy and good politics.”

“We will not stop until otherwise law-abiding Americans are no longer discriminated against or criminalized due to the past or future choice to consume cannabis,” he said.

Neal Levine, CEO of the Cannabis Trade Federation, told Marijuana Moment that the group is “delighted that the U.S. House of Representatives is on the brink of passing a landmark piece of cannabis policy legislation that modernizes our antiquated banking laws to reflect the will of the people.”

“This is welcomed and long overdue news for the over 200,000 employees that work in the industry, cannabis businesses, and for public safety in the communities in which we operate,” he said. “Once the SAFE Banking Act passes the U.S. House, we call on the U.S. Senate to move quickly to protect our businesses and our workers.”

New ‘Marijuana 1-to-3 Act’ Would Reclassify Cannabis Under Federal Law

Another bill to reschedule marijuana was filed in Congress on Thursday.

Rep. Greg Steube (R-FL) introduced the legislation, which is titled the “Marijuana 1-to-3 Act.” True to its name, the bill would simply require the attorney general to move cannabis from Schedule I to Schedule III under the Controlled Substances Act, with the aim of increasing research on the drug’s effects.

“As marijuana is legalized for medical and recreational use across the United States, it is important that we study the effects of the substance and the potential impacts it can have on various populations,” Steube said in a press release. “By rescheduling marijuana from a schedule I controlled substance to a schedule III controlled substance, the opportunities for research and study are drastically expanded.

Today, I introduced a bill to reschedule marijuana from a schedule I to a schedule III controlled substance. The Marijuana 1-to-3 Act will allow additional research to be done on the benefits of marijuana by removing bureaucratic red tape. https://t.co/w45WAKHBr9

That bill contained additional provisions that would require federal agencies to develop research agendas for marijuana within one year of its enactment and also establish a system whereby universities could be designated as “Centers of Excellence in Cannabis Research” if they conducted comprehensive studies on issues related to marijuana.

Rep. Matt Gaetz (R-FL), who is a sponsor of the broader research bill, is also cosponsoring Steube’s more focused rescheduling proposal.

It’s not clear why Steube chose to file his own reclassification bill or whether the other legislation’s additional provisions were a factor.

The congressman’s two-page bill states that “the Attorney General of the United States shall, by order not later than 60 days after the date of enactment of this section, transfer marijuana…from schedule I of such Act to schedule III of such Act.”

“We hear every day about the positive health benefits of marijuana,” Steube said. “Whether it’s young children with seizure disorders, or veterans suffering from chronic pain, it is clear that there are medical benefits to marijuana and I think it’s time we remove the bureaucratic red tape that prevents us from thoroughly studying this substance.”

While he emphasized that the intent of his legislation is to encourage research into marijuana, placing cannabis in Schedule III would also have implications for marijuana businesses, who are currently ineligible for federal tax deductions under an Internal Revenue Code section that applies to anyone “trafficking in controlled substances” in Schedule I or II.

GOP Senate Chair Says He Plans Marijuana Banking Vote

The Republican chair of the Senate Banking Committee said on Thursday that his panel will hold a vote on legislation allowing banks to service state-legal marijuana businesses this year.

Chairman Mike Crapo (R-ID) told Politico that while he doesn’t support ending federal cannabis prohibition, his committee will take up the industry’s banking issues, which was the subject of a hearing the panel held in July. Because marijuana remains federally illegal, many financial institutions remain wary of taking on cannabis business clients—forcing them to operate on a cash-only basis—and there’s a growing bipartisan call to resolve the problem.

Crapo doesn’t support cannabis legalization. But he says he’s been compelled to act bc cannabis businesses w/o bank access are forced to transact in cash and there are issues surrounding transactions with businesses like plumbers, hardware stores, etc that serve the industry

“We’re working to try to get a bill ready,” the senator said. “I’m looking to see whether we can thread the needle.”

Legislation to provide financial services to marijuana businesses—the Secure and Fair Enforcement (SAFE) Banking Act—already exists and was approved by the House Financial Services Committee in March. That bill has 206 cosponsors, including 26 Republicans. The companion Senate bill has nearly a third of the chamber signed on.

It’s not clear what changes Crapo is hoping for, but there’s been talk of adding hemp-specific banking protections, or including language to prevent activities such as Operation Choke Point, an Obama-era policy that conservatives view as biased against certain industries such as gun manufacturers, in order to bolster the proposal’s GOP appeal.

This development comes as Congress returns from a summer recess. Cannabis reform advocates hoped that the Democratic-controlled House would put the SAFE Act to a vote before August, but that window passed.

There have been renewed rumors that House leadership is planning to schedule a vote on the SAFE Act soon, but some dispute has broken out among cannabis reform supporters about the notion of passing a bill seen as industry-focused prior to moving broader legislation to deschedule marijuana and repair the harms of past prohibition enforcement.

Many supporters of more far-reaching moves have zeroed in on a bill House Judiciary Committee Chairman Jerrold Nadler (D-NY) filed, but it’s unclear when that legislation would be able to see a markup by the panel, which for now is focused on issues such as gun reform and the prospect of impeachment proceedings.

If the Republican-controlled Senate were to pass marijuana banking legislation soon, it could increase political pressure on House majority Democrats to follow suit lest they be seen as lagging on an issue on which their party has increasingly sought to lead.

Don Murphy, federal policies director for the Marijuana Policy Project, told Marijuana Moment that polling in Crapo’s home state of Idaho—one of only three states that currently have no legal cannabis laws on the books—shows that voters in the state support cannabis reform and that “it appears Chairman Crapo is seeing similar results.”

“Apparently MPP hasn’t done the only marijuana poll in Idaho recently,” he said. “Idaho voters support marijuana policy reform and with his support of the SAFE Act the Senator is moving in their direction. What took years to develop could end up in a photo finish as each chamber attempts to beat the other to a floor vote. If true, this is a very good news.”

“We may craft our own bill or we may work with them to craft any amended legislation,” he told Politico.

“It would be terrific for the Senate Banking Committee to hold a markup on The Safe Banking Act, which we believe would result in a favorable bipartisan vote,” NORML Political Director Justin Strekal told Marijuana Moment. “Now more than ever, members of Congress spanning all types of geographic and political diversity recognize the need to amend existing law and move us towards ending federal prohibition.”

Crapo told Politico that he’s particularly interested in passing cannabis banking reform legislation because of the negative impact of the ban on ancillary businesses like plumbing and hardware companies that work with such businesses but don’t deal directly with marijuana.

THIS is a very important development- thank you @MikeCrapo for helping advance this legislation that will allow people and businesses access to the banking sector in states that have legalized cannabis and address the state/federal law inconsistency https://t.co/GzHo5cXuxA

“THIS is a very important development- thank you [Sen. Crapo] for helping advance this legislation that will allow people and businesses access to the banking sector in states that have legalized cannabis and address the state/federal law inconsistency,” he wrote in response to the senator’s latest comments.

Politically, passing the banking bill in the Senate could give Sen. Cory Gardner (R-CO), its chief GOP cosponsor, a much-needed win heading toward next year’s election. Democratic candidates, including former Colorado Gov. John Hickenlooper (D) are targeting the seat, and Gardner has made much of his work to support the state’s legal cannabis market.